Austin Update

2021 Legislative Session – What to Expect More information has emerged as to how the Senate may operate for the first 60 days of Session: § Senators expect there will be far fewer bills that are heard and passed this session. § Initially, only three committees will meet during this period: Finance, Redistricting, and possibly some Sunset Commission meetings. § The Redistricting Committee will be the only committee allowed to take testimony virtually. Senators also recognize that Washington may not even send the census data to the states until mid-July § Senate Finance will begin its meetings the week of January 25. § Those who testify in person will be required to sign up online three days in advance, they’ll need to test 24 hours in advance. They will then receive a QR code they’ll have to show at the entrance to the Texas Capitol § Testing can be done at the Capitol by the National Guard, which can test about a dozen people per hour, those results take up to an hour, and then people can come inside § The Senate will take off the week of January 18. § For the remainder of January and then February, the Senate will meet late on Tuesdays and on the floor on Wednesdays. § Beginning in the third week of February, other committees will start to meet on Tuesdays and Wednesdays except for Finance, which will have a heavier load of course. § Committees are announced on the Friday after the rules are adopted § There will be no big lobby days (i.e. Galveston County Legislative Day). However some groups are planning a virtual “lobby day” or “lobby week”. th 87 Bills Filed Report § Attached is a report highlights pre-filed bills of interest for Galveston. Please contact me if you have questions, concerns, or would like additional information about a particular bill.

Senate Committee on State Affairs Hearing on Lobbying On Tuesday, December 8th, the Senate Committee on State Affairs met to receive invited testimony on the following Interim Charge: Study how governmental entities use public funds for political lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Examine what types of governmental entities use public funds for lobbying purposes. Make recommendations to protect taxpayers from paying for lobbyists who may not represent the taxpayers’ interests. Earlier this week, Rep. and Senator (R-Edgewood) have filed bills (HB 749/SB 234) banning political subdivisions from paying for lobbyists. The bills are essentially identical to those filed during the 2019 session to: 1) prohibit political subdivisions from hiring individuals who are required to register as a lobbyist; and 2) pay a non-profit state association or organization that primarily represents political subdivisions and hires or contracts with an individual required to register as a lobbyist. Provisions would allow taxpayers to seek injunctive relief to prevent further funding in these instances.

Among those invited to testify included: James Quintero, Texas Public Policy Foundation; Tom Forbes, President and General Counsel of the Professional Advocacy Association of Texas (PAAT); Collin County Judge Chris Hill, and City of Gran Prairie Mayor Ron Jensen. Mr. Quintero testified that “taxpayer funded lobbyists,” he defined as persons hired in-house, under contract and membership organizations, inflicted damage upon taxpayers by lobbying against their interests. Several members sought specifics on these points. Senator (R- Granbury) expressed concerns with Quintero’s claims. While having his own disagreements with the Texas Municipal League and Texas Association of Counties in the past, Sen. Birdwell was concerned about banning them or treating them as lesser organizations. Sen. Birdwell asked about whether such a ban should apply to the state’s advocacy at the federal level (i.e. Governor’s Office of State-Federal Relations). Sen. Birdwell suggested the proposal was an all or nothing proposition and did not take into account a possible urban and rural divide on the local entities’ usage of lobbyists. Sen. (R-Conroe) suggested getting more data on the possible damage mentioned by Quintero. PAAT President Tom Forbes testified that requiring people to register with the when they represent a local government promotes transparency and is a far better way to inform the public than banning the ability for the local government to hire representation. Grand Prairie Mayor Ron Jensen testified the time and staff limitations for smaller local governments to keep up with all the bills and issues that face legislators and impact communities. Collin County Judge Hill testified in support of banning local governmental entities from using public funds to retain lobbyists.

Texas Sunset Commission Reports

1. Texas Commission on Law Enforcement (TCOLE)

The report concludes Texas’ approach to regulating law enforcement has resulted in a fragmented, outdated system with poor accountability, lack of statewide standards, and inadequate training. Below are the city-related findings of the report. Issue 1: Texas’ approach to regulating law enforcement is ineffective. Key Recommendations:

§ Establish a blue ribbon panel to comprehensively evaluate the regulation of law enforcement in Texas and make recommendations for needed changes. § Continue TCOLE for two years, until 2023.

Issue 3: Key elements of TCOLE’s statute and procedures do not conform to common licensing and regulatory standards. Key Recommendations:

§ Require TCOLE to conduct fingerprint-base criminal background checks for all licensure applicants and licensees. § Clearly authorize TCOLE to issue subpoenas for investigative records. § Direct TCOLE to adopt rules to comply with the statutory requirement to establish a risk based approach to audits. § Direct TCOLE to develop a penalty matrix. The report can be found here (control+click).

2. Texas Commission on Fire Protection (TCFP)

The full staff report can be found here (control+click). Of importance to cities are the following issues. Issue 1: The state has a continuing need for TCFP, but the effectiveness and transparency of its advisory committees could be improved. Key Recommendations:

§ Continue the Texas Commission on Fire Protection for 12 years, until 2033. § Update the standard across-the-board requirement for commission member training. § Direct TCFP to evaluate the continued usefulness and effectiveness of its advisory committees. § Direct TCFP to maintain documentation on complaints.

Issue 2: TCFP's statute and operations do not reflect some regulatory best practices and standard elements of Sunset reviews. Key Recommendations:

§ Authorize TCFP to provide biennial renewal for certifications. § Authorize TCFP to enter into reciprocity agreements with other state fire personnel certification agencies. § Direct the commission to review rules covering how criminal convictions relate to eligibility for certification. § Direct TCFP to adopt a policy to ensure each rule undergoes meaningful review pursuant to state law.

Washington Update

Congress funds federal government for a week; no agreement on stimulus legislation. Congress is expected to pass a short-term continuing resolution to keep the federal government funded through December 18th, while negotiations continue on appropriations for funding until the end of the fiscal year on September 30, 2021. This one-week extension will avoid a federal government shutdown. Meanwhile, Congressional leaders and the Administration continuing working on resolving differences on the bi-partisan $908 billion stimulus legislation introduced last weekend. Sticking points that remain in dispute include $160 billion for state, local and tribal governments and COVID liability protections for companies. Included in the proposed bi-partisan $908 billion legislation is $15 billion in additional funding for transit systems. A provision extending the Coronavirus Relief Fund spending deadline (December 30, 2020) is reportedly going to be included in a final bill, but the extension timeframe is uncertain. Expanded unemployment insurance benefits and eviction moratoriums are set to expire December 26, 2020.

FTA Announces Additional Administrative Relief for Transit Agencies During COVID-19 Public Health Emergency FTA has extended the eligibility for formula funding under the Emergency Relief Program to be used to pay for operating expenses. Funding may now cover operating expenses related to COVID-19 recovery through January 20, 2022 at 100-percent federal share. FTA also issued two Notices of Enforcement Discretion: • Advising FTA grantees that it will refrain from taking enforcement action regarding the Public Transportation Agency Safety Plan (PTASP) regulation until July 21, 2021. • Advising FTA grantees that it will refrain from taking enforcement action against any grantee subject to the Public Transportation Safety Certification Training Program (PTSCTP) regulation training requirements until August 21, 2022. FTA previously announced a first round of administrative relief actions earlier this year, including expanding the federal government’s share of operating expenses and other COVID-19 related expenses to 100 percent. More information about FTA’s latest administrative relief actions is available under Frequently Asked Questions.

Reports of Interest

2020 Census: The Bureau Concluded Field Work but Uncertainty about Data Quality, Accuracy, and Protection Remains GAO-21-206R, December 9